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Author Archives: Virginia Lawyers Weekly

Criminal – Carnal Knowledge Of Male Minor – Oral Sodomy (access required)

Where a witness’s testimony indicates that defendant, a 37-year old female, performed an act of oral sodomy on a 13-year old boy, this act constituted “carnal knowledge” under Va. Code § 18.2-63, which prohibits carnal knowledge of a minor, and ...

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Criminal – Evidence – Hearsay – Witness's Out-Of-Court Statement – Third Party Confession (access required)

Where defendant sought to introduce into evidence the out-of-court statement of his brother, who was a codefendant on first degree murder charges arising out of the same incident and who had invoked his Fifth Amendment privilege, the trial court’s refusal ...

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Criminal – Cocaine Possession – Certificate Of Analysis – Sentence Reversed (access required)

Although the trial court in this cocaine possession case improperly admitted a certificate of analysis which related to only one of two quantities of cocaine connected to defendant by identical evidence, this admission was harmless error in the determination of ...

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Domestic Relations – Divorce – Cruelty – Sexual Abuse (access required)

The trial court did not err in this divorce case in finding cruelty by husband which was tantamount to desertion of the marital relationship where wife testified that husband continually sexually abused her, using sexual devices that caused her great ...

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Criminal – Search & Seizure – Probable Cause (access required)

Where a police officer received a telephone tip from a previously reliable informant that a male meeting a certain detailed physical description was sitting in front of a particular building with cocaine in his pocket, and the trained and experienced ...

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Domestic Relations – Child Custody Change – Best Interests (access required)

The trial court did not err in ordering custody of the two minor children to be transferred from the mother to the father, in accordance with a recommendation of the Department of Social Services. The trial court concluded that it ...

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Criminal – Malicious Wounding – Blow With Fist (access required)

Although defendant claims he should not have been convicted of malicious wounding because he only used his fist to strike the elderly convenience store clerk, his blow broke glasses and her nose, causing it bleed for 10 to 15 minutes, ...

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